Patel (Migration)

The applicant, Ms. Patel, sought a Subclass 602 Medical Treatment visa to remain in Australia temporarily for medical treatment. The dispute before the Tribunal concerned whether Ms. Patel genuinely intended to stay only temporarily in Australia for the stated purpose of medical treatment, as required by clause 602.215 of the Migration Regulations. The Tribunal was required to consider Ms. Patel's compliance with previous visa conditions and her intention to comply with the conditions of the proposed medical treatment visa, along with any other relevant matters.

The Tribunal determined that the preconditions for an exception to the temporary stay requirement, specifically clause 602.212(6) concerning medical unfitness to depart, did not apply to Ms. Patel. Consequently, the Tribunal was bound to assess her genuine intention to remain temporarily. The medical evidence provided in support of her application consisted of a Form 1507 medical certificate and a brief report from Dr. Bilwani stating that Ms. Patel had been commenced on appropriate treatment for generalised anxiety disorder and depression.

In its reasoning, the Tribunal noted Ms. Patel's extensive history in Australia since her arrival in September 2008, including a significant period as an unlawful non-citizen until December 2014. Furthermore, Ms. Patel had lodged and had refused an application for a protection visa, which was followed by unsuccessful reviews and appeals to the Federal Court and Full Federal Court. Her subsequent attempt to lodge a second protection visa application was also refused. It was only after these unsuccessful attempts to remain in Australia through other visa pathways that Ms. Patel submitted her application for a medical treatment visa. The Tribunal concluded that, given this history and the minimal medical evidence presented, Ms. Patel had not met the requirements for the grant of the visa. The Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa.